When a careless act causes a victim’s death, the family may well have the right to pursue a wrongful death case. It's usually brought by the personal representative of the victim’s estate. The goal of these cases is to compensate grieving family members for the loss of their loved one. South Carolina law created these cases for the benefit of the victim's closest relatives, such as a spouse and children, or parents.
In addition, the victim's estate may qualify to bring a survival case for compensation for medical and funeral bills, pain, suffering, and mental distress endured by the victim as a result of the accident.
Typical Cases to Prove a Fatal Accident is Wrongful Death to Qualify for a Settlement
Basically, you've got to prove the victim died as a result of an accident caused by someone else's carelessness. Legally, carelessness is defined as "negligence."
It's a sad reality that people die due to the carelessness of others, which is why the law provides for legal settlements when someone dies in an accident caused by someone else. .
These are typical wrongful death and survival cases we see, and the parties compensation can be sought from, who are usually protected by their insurance company that's responsiible for paying any settlement:
- Car and motorcycle accidents. The at-fault driver and, if he was driving for work at the time, the company he works for. Many victims' families are often shocked to discover how hard oppsing insurance companies fight against them to protect insurance company profits. Just look at the lengths insurance companies go to against someone who didn't even perish in the crash. The case gets more complicated- and more critical to be handled by a skilled car accident attorney because you might also recover from an unexpected source- the victim's own auto insurance policy.
- In a case involving a fatal DUI crash, the bar or restaurant that over-serves alcohol to a drunk driver.
- Semi-truck, semi-trailer, tractor-trailer, and delivery service van accidents. Drivers and their employers have notoriously aggressive insurance companies who fight victims with breathtaking ruthlessness. There's many reasons you need an experienced semi-trucking accident attorney.
- Medical malpractice. The doctor, health care provider, or facility whose substandard care results in death. Simply put, these highly complex, hard-fought, and extremely expensive cases require a skilled attorney.
- Nursing home or assisted living facility neglect. The facility and its employees who fail to look out for the most fragile victims. Often, the cause isn't obvious, but you may suspecct neglect from critical clues. Like a medical malpractice case, you can't expect to win without legal guidance.
- Defective products. The manufacturer of a faulty product.
- Falls. The business with unsafe floors, aisles, sidewalks, or walkways that cause a fatal slip, trip, or fall injury. Warning: these cases aren't as easy to prove as most people think.
And this doesn't cover every posible case. If you suspect carelessness caused the death of someone you love, you owe it to your own peace of mind to find out if you have legal rights that could provide needed financial benefits - and possibly prevent this from happening to someone else. Fill out a contact form or all us at 864-582-0416 for a free consultation with our Spartanburg attorneys.
This is Not the Time to Go It Alone
There's too much at stake, and you're too wounded to take on the insurance company yourself- don't play into their hands. There are truly good reasons you'll be better served by discussing the case with a professional who can guide you through the process and answer your questions.
You don't even have to get out of your seat to get your questions answered. Call toll free at 888-230-1841 or fill out a Get Help Now form. If you need a face-to-face meeting, call to schedule a FREE, easy strategy session to answer your questions and give you peace of mind.
You should check out any attorney you consider hiring for this extremely important case. See what folks say about our Spartanburg wrongful death attorney in unscripted, unedited reviews on a website we don't own.